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(영문) 부산지방법원 2018.11.28 2018고정1624

공익사업을위한토지등의취득및보상에관한법률위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

The owners of land, persons concerned, and other persons who do not include landowners or persons concerned in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall transfer or transfer the land or goods to be expropriated or used to the project implementer by no later than the commencement date of expropriation or use.

The Defendants were the owners of land, etc. located in the redevelopment and rearrangement project district of the D Housing Redevelopment and Improvement Project Association of the Busan Dong-gu, Busan.

1. The Defendant A did not deliver the land, etc. owned by the Defendant to the D Housing Redevelopment and Improvement Project Association, which is the project executor, by the date of commencement of expropriation, even though the expropriation was commenced on February 20, 2017 according to the Busan Metropolitan City Local Land Expropriation Committee’s decision on February 20, 2017.

2. The Defendant B did not deliver the land, etc. owned by the Defendant to the D Housing Redevelopment and Improvement Project Association, which is the project executor, by the date of commencement of expropriation, even though the expropriation was commenced on February 20, 2017 according to the Busan Metropolitan City Local Land Expropriation Committee’s decision on February 20, 2017.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement of the police statement related to G;

1. Complaint;

1. Application of each written ruling to Acts and subordinate statutes;

1. Article 95-2 and Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor for Criminal Facts and the Selection of Punishment therefor;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;